Sarawak PKR chief Baru Bian is insisting that the problems relating to native customary rights (NCR) land can be solved if the land commission he proposed to the Sarawak state legislative assembly last week is established.

He said the commission, which must be made up of representatives from the public and private sectors as well as individuals who are experts in NCR land law or adat, would be able to determine matters relating to NCR land.

NONE"The recent court cases that are always in favour of the landowners should be the basis of forming the commission," Baru (right), who is the assemblyperson for Ba'Kelalan, told reporters at the Sarawak state assembly media centre.

The latest case was decided in the Sibu High Court, in which the owners of NCR land won their suit against Kanowit Timber Sdn Bhd for trespassing.

"The problem arises over what constitutes NCR land," Baru said. "The court's decision or judgment on what constitutes NCR land differs from the state government's stand."

The court's decision, he said, was that NCR land includes the "pemakai menoa" (communal area land) and "pulau galau" (communal reserve forest) while the government says NCR land only covers "temuda" or farm land.

"So this is the big problem," he said, adding that once the land commission had been set up as he had suggested, it would help to solve the problem.

"What we have now is that the land and survey departments keep issuing licences to companies to log trees in the communal forest or to open up land for oil palm plantations," he said.

"The latest judgment fortifies our belief that there is a need to set up the land commission and it will help the government to solve the NCR land problems," Baru said.

He said the land commission should be given the power to investigate and survey lands under dispute, reaffirm the rights of the owners and issue titles.

"As long as the government holds a narrow view of NCR land definition, disputes will go on for forever," he said.

'Plaintiffs have customary rights over ancestral land'

In the Kanowit NCR land case, village headmen Sandah Tabau and Lajang Lang, together with Semungah Janda, Muli Paong, Banyoi Jawa, Suluk Paong and Bajing Paong, sued Kanowit Timber, the state forestry director and the state government.

Baru represented the land owners while Tonny Hii represented Kanowit Timber and Zainuddin Hussaini of the state Attorney-General's Chambers appeared for the forestry director and the state government.

Sibu High Court judge Yew Jen Kie ruled that the plaintiffs had customary rights over the ancestral land of Rumah Sandah and Rumah Lajang longhouses in Ulu Sungai Tapang Besai, Ulu Machan, Kanowit.

The court also declared that Kanowit Timber and or its servants had trespassed into the NCR land and that the timber licence issued to the company was subject to native land title or native customary rights.

Justice Yew also ordered the timber licence to be rectified to exclude the plaintiffs' NCR land and that the company compensates the plaintiffs for destruction caused to their trees and fruit trees.

The quantum is to be assessed by the Sibu High Court deputy registrar.